If a loved one died in an accident caused by someone else, their death is ruled as wrongful death. You, however, have to show that the other party’s reckless behavior is what caused the accident. You can file a wrongful death claim against the party at fault to seek monetary compensation for your loss. If you live in Fall River, it’s advisable to seek legal counsel from a Fall River wrongful death lawyer so that they can inform you of your legal options.
Which Damages Can You Recover From a Wrongful Death Claim?
The damages you seek to recover will depend on the relationship you had with your loved one. If you were married, for instance, you may not be able to seek damages that the loved one’s parents may seek. The specific laws regarding wrongful death claims are explained in the Massachusetts wrongful death Act.
If your loved one died in a car accident caused by a negligent driver, in the hands of a negligent doctor, or a property owner who failed to maintain their premises, an experienced wrongful death lawyer in Fall River, MA, can discuss your options for filing a wrongful death claim. Be sure to contact a lawyer as soon as possible to avoid missing the deadline for filing a claim. The statute of limitations for filing wrongful death claims in Massachusetts is three years. If the deadline expires, you may not be able to receive compensation for damages.
How Do You Define a Wrongful Death?
Wrongful death is considered so if a loved one dies as a result of someone else’s negligence. Wrongful death is classified as a civil matter and the burden of proof is not as stringent as that of a criminal case.
Who Can Seek Damages in a Wrongful Death Claim?
If you were dependent on your loved one, you are entitled to seek compensation by filing a wrongful death claim. The following people are entitled to seek compensation:
- The loved one’s parents
- The loved one’s children
- The loved one’s spouse
- Any other person who can prove they were dependent on your loved one
You cannot seek compensation by simply stating that you were related to the victim; you also have to prove that they supported you in one way or another. If you were the victim’s child, your age also matters. Minors have a higher chance of successfully filing a wrongful death claim because they cannot yet support themselves financially.
What Kinds of Damages are You Entitled to in a Wrongful Death Claim?
You are entitled to seek monetary compensation for any type of support that your loved one provided. This also includes damages such as emotional distress. Below are some of the damages you can pursue:
Medical expenses
If your loved one received medical attention before they passed away as a result of medical malpractice then you are entitled to seek monetary compensation for the treatment they received at the hospital.
Funeral expenses
If you paid for your loved ones funeral and related expenses you deserve to be compensated for those costs by filing a wrongful death claim.
Emotional distress
You most likely suffered emotional trauma after your loved one’s death and you may need to seek psychological counseling or anti-depressant medication to help you cope with the situation. You deserve compensation to help you pay for the medication or psychological counselling. If they had children they need to be compensated for the loss of companionship due to the wrongful death of their loved one.
Future lost income
If your loved one contributed financially to your home and you were a dependent you may file a claim seeking compensation for loss of financial support.
Loss of the victims estate
If you were meant to receive an inheritance from your loved one you can file a claim to receive compensation for your loss.
Hiring a Fall River wrongful-death lawyer
If you recently lost a loved one due to the negligence of someone else, you deserve to get compensated for any financial struggles or emotional distress caused by their sudden demise. A skilled wrongful death lawyer in Fall River can help you to understand your legal options and pursue compensation. At Kevin P Landry law offices we are happy to help. Contact us today at 508-676-0001 to schedule your free initial consultation.
